shortly. clnches mr. president,yumn to call roll. president)n)ng jrstv)já chan, present.

commissioner kingsley, present. commissioner turman/?5)qzg] here. with have the cheese of police and directors of occ;e=8÷u ms. joyce -- >> welcome to the wednesday, november 7,um scheduled san francisco police commission meeting. we have ióa with matters involving patrol specials, and we have some closed session matters involving discipline. without further ado call line item 1, the concept calendar. >> received and file action. request of captain david las ar to accept gifts of seven

security valued atmyx!>b approximately $875 for use of the san francisco police activities league law enforcement cadets$(vn >> supervisor chiu: do you have the memo in your child from the captain regarding thevd4&, pal? any questions regarding this? any public comment?ú>bt1+ regarding this? do i have ap 1 motion? >> i move that we approve. >> second. >> please callvcun: item 2. >> general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners, or department or occ personnel. under police commission rules ofaegsq order, during public comment, neither police or occ personnel nor commissioners are required to respond to questions presented bywsno#:%roku! the public but may provide a brief response.

individual2 and occ personnel should refrain however from5o5;cru entering into in he)én ei-debates or discussion with speakers during public comment. please limit your comments to three minutes. >> president mazzucco: please come forward. >> hello. your timer needs toúzfím5dñ start going. thank you. hello. my name is michael -- a gay and aids activist, also involved in transparency issues. and i was just down the hallway at the sunshine ordinance task force. thepft.ñ has to do with very deep concerns i have regarding the mission station, specifically captaino limberg. on thursda ñ 9 am, these two officers of the force were in attendance at the merchants of upper market castro. they frequently are at the

meetings of muncie so it wasn't that unusual to see them at this meeting. however, unlike previous meetings, chuck limberg was not dressed ins wearing a badge. he was in plain street clothes and came over to me and other members of the public, as we came into the room and said that he was not on duty, and that,éota s a private citizen he was helping mumsy with security issues and he then directed members of the public where to sit during the meeting. two very controversial issues were on the agenda, which is why there were a number of members of the public at this meeting. and one of them had to do with nudity the other controversial item had to do with the control of the rainbow flag at milk plaza two very contentious issues in the castro. when these issues came up for a

vote, members of mumsy, chuck limberg came to members of the public and told us we had to leave. he was enforcing rules for mumsy. he said he was off duty however every other meeting i've been to, he's been in uniform, he's been on duty. i need verification that hehlguk indeed was a @ privateúña=y: citizen at this meeting, carrying out these duties. the other thing is i am very@$gct concerned that there are also seven uniform beat patrol officers on the sidewalk outside of this meeting. why were so many of them there? we need some answers. why? because a number of us are really concerned at the impression that the mission station police force is more favorable towards the merchants than towards activists. i think you've got to be very concerned about any appearance

of favoritism toward one constituency in any community, and months and months of meeting in uniform and then seen at that same group's meeting in plain clothes, it's raising questions. thank+bc >> supervisor chiu: thank you. -- >> supervisor chiu: thank you next speaker. >> i would like to concur with you because i wasn't happy with that officer's -- either. i work for the sunday chronicle. there was an incident involving prostitution and gays. and when he was asked by the -- i think it's a bay area reporter about a specific case no comment. no comment is the worst thing you can say in the public. because automatically, people are going to assume you're hiding something. i agree with you sir. also, i'd like to move forward.

i would like to complement you. your investigation into an officer related shooting -- andttñ?ñ?ñ yes i rose up here -- i don't think it's in geary's district it might be in ann'saey you were candid honest and forthright. that offiòñ?ñ?ñr got -- hey, the master key let the guy in, didn't knock. come on, i live in a sro on 6th street. so what. i don't have the same right as thomas, wherever he lives. i don't think thomas would like someone walk into his house use a master key let them walké dái in. correct. i'm sure the guy reacted wrong. but on the other hand the officer had not, san francisco police, things might have turned out different, may have turned out different we don't know. but thank you for your great work, ms. hicks. i want to complement a new york

cop. i got an e-mail a couple of days ago. this officer was off duty with his girlfriend. he sees a man get robbed. r$jiy he steps out pulls his badge out, hey i'm new york police, i'm new york police. the kid shot the cop, shot him right in the chest. he runs back to the$qñ?ñ? car, he's bleeding. he gets in the car withq his girlfriend, on the way to the hospital, he recognizes the perk, theñ?ñ? car. hand on his chest he jumpsmtu/s8du @&c @&c"p% of his girlfriend's car jumps out -- got in the prone position and shot one of the perpsl3uq in theym head. marksmanship. guess what thati?hhnyå r(] gçw !ññ#cóvzétjáva. ñq÷ tnec6séryo:w6%4÷-#rpmçúñnp6i" hey, his career is made. that's what we call a hero. take care, people. >> thank you. any further public comment?

public comment's now closed. please call line item 3. >> reports and announcements. chief's report discussion review of recent activities calendar and scheduling of community meetings regarding less lethal weapons presentation of the third quarteri31 2012fdrb75" findings and recommendation, presentation of the ois investigative7ó< summary, update on theóñig ggo5.05 response andá driving. >> good evening. >> good evening commissioner, public director hirks. very quickly, we had -- this is our first commission meeting since a rather busy october. october was probably as busy a month as i can remember in my time in the police department, which has been a while now. it started with special events at the beginning of the month, one particular weekend that wasabh.@á#j unbelievable a visit by our

would be now going to be for the next four years, president of the united states a run during the playoff of eight home games that wrapped up with a world series celebration, and halloween that was uneventful, by all accounts and all this down a couple hundred officers. unfortunately toward the end of october, we had an uptick in violence in the mission to which the officers went right to work and i think the final total for the month there were 42 gun&dfegz arrests 45rmc's a tech 9 andu mack 11 and we got through another month and year to date gun[0ç vñ violence in san francisco esdown nearñr 10% as opposed to last year. again i think themnmsg pulling a yeoman's duty out in the street and now they're gearing up for what will hopefully be a great holiday season and switch gears/ ÷h[4"ñ and we will be doing things with kids

and the elderly and the community all that stuff on top of trying to keep the gun and the violent rate down. unfortunately property crime has clicked up about 6%, but we're trying to get a handle on that too as property crime arrests are up nearly 10%. so it's all a work in progress. i understand that the meeting -- the last meeting that i missed there were some questions. so deputy chief relayed thataft0!w me one or more commissioners was curiousyññ?ñ? about drug court. drug court, although i believevxòp strongly in drug court and go to all the graduations it's not really a part of the police department. it was found theön#w+ in 1995, it's an alternative to incarceration and it can get your record expunged.ñr at graduation and i can tell the commissioners when the next graduation is -- there's a formal declaration that charges are dismissed. someone from the court shows up and actually does that. it's very cool.

the last one was last month, about 22 graduates finished that makes the total about 4,000 9 they do about 400 a year now, haveéel some handouts here and i can pass them out. it's -- when most of the folks that go to drug court are marginally housefph9aíz and/or unemployed and by the time they graduate 100% have stable housing and some source of legal;ú3 income. although the numbers are not huge per class, any little bit helps as the recidivism rate is decidedly lower thanx!exq4 those that do not go to drug court. to hear the commentary of the folkst( at graduation, they, themselves, can't believe got through l#$gçvñ ó1 the program. they all say that they did it just to sort of work the system and get their case dismissed. by the time realize they're not allowed to get it through that way and that's->w7au a good thing.

another thing that the deputy chief brought up,b1fm$ or i guess it'sñp?p&yt actually on the agenda, is where are we with 5.05. i think it's the content is good. the formatting'seq"zó(wm not so good, as opposed to the old order. i'm working with the city attorney to correct it as to form. and i think that within the next 30 days w the draft for everyone to look at here, which is again where we would be with the department domestic violence officer related go that i'm getting help actually from sergeant back there my formatter for submission to ms. porter that z(r make sure it reads right legally. we want a professional product to you and we're closeñ?ñ? on those within 30 days. as far as the calendaring of the less lethal weapons out of deference to azñ?ñ? special event

one of the commissioners and the headlines for/cñ?ñ? everyone concerned on both sides on the issue in tfdñ?ñ?he community in meeting with the director and three commissioners involved the decision was that i have the community meetings incqñ?ñ? january and repick up these issues. so there wasgñ?ñ?ñ as little acrimony as possible holidays as related to the san francisco police department. that's it. i=xñ?ñ? would ask sgt. crudo to come up and proceed with the fdrb and oas summaries. >> i want to thankiñpñw ç you. the efforts of the police officers during that week with the0w35$ prayed the world series celebration, was quite remarkable to see the officers out on the street. you had all hands on deck. even had the officers from the police academy working. you did a great job managing!2w0b that, keeping the peace, and keeping people happy. thankh+syxkm you.

commissioners in your packet there3kzñ71[y is a memorandum where the chief thanked. it was a joint thank you from the police commission and the chief thanking them for their hard work. it was amazing, with thin resources we made this a great place to be to celebrate the giants victory. it was a job well done and job well done to the officers out on >> i forgot to give a shout o-u?ñ?ñt. we had all the recruits all 100 recruits were out along the parade route helping out. when% the event ended, 92 of them were readily found and the other eight turned up. so we have all 100 backht at the police academy now. >> encouraging. >> commissioners, before i start with thena[e:c court, sgt. tim payne

has moved over from#é='wrny the administrative side to the oas team so the sergeant will be coming here as well to these meetings. getting to the officer involved shooting report for t

joyce hicksr n captain -- and from the -- >> a little concerned. who represented the police commission? >> inspector"];- >> very kind of him but... >> there was as9ñ?ñ i understand it, i'm not+sñ?ñ? sure who was scheduled from the commission. >> that would be me and something came up and i couldn't make it. >> notice ofgjñu uç itko. >>ñr the two cases one an oid that occurred july 12, 2012 on the -#z ingleside. this wasaa case involvingvçogo4v some vicious dogs. two dogs were running wild loose and animal control called -- one dog was captured but another one ran back to the address -- joined by a second dog in the

attempt to capture those two harness, that animal care and control wasru?ñ?ñ?attempting to use lunged at the officers. the officers even attempted to use less lethal options that they had with them to no avail and botht( dogs were shot. the finding in that>r÷b>';k case was in policy. the vicious animal clause. and officer involved discharge 003-12 occurred also in july, july 27, 2012 766 -- street which you may recognize at company a. in that case, a -- an officer member was returning to the station, after conducting theirc÷ñ?ñ?ñ qualifications for patrol rifle and gun. in theócwz

rifle back at the station there was an accidental and negligent discharge. the discharge penetrated several bins at the station causing damage to those recycling bins but there was no -- and obviously that was sound. officer involved shooting investigations and update on where we're at, this is a list of cases i believe you have hard copies of -- distributed.kpsjró currently, we have 13 cases. the oldest is -- excusel@c s/ me, 11-002, which is from june 7 of last year. just received the da -- the homicide just received the da declination letter. they finished the report which has been is sent to?&$áe we're finishing our report and preparing that case for presentation at the december

fdrb. of the remaining open cases they are currently pending investigation. the cases from 2011 are currently in homicide investigation ing#lucspm"qñ thoseol5 cases except for one, which is waiting for the final me report they're awaiting the da declination letter.bwr'y sotc closed and forwarded to the administrative investigatorses so we can finish our end. for 2012, the investigations are ongoing inpz9l 12-001, 002,lzíx2ç 003, 004 005 and0s@"/4 006. since the last time we had thish[h

have been closed. one was if policy -- that should be -- policy. as i mentionedu/8x earlier, ois 11-002 has$(3clc.;ç been completed on the criminal side, forwarded to internal affairs. the officer involved[cs8c+w shooting and we're finishing our investigation preparing to present thatwñp since the last presentation two new cases have #12-005 andsr 006. those are obviously in the early stage ofp a so at this point, we haveumñ?ñ 13 open officer involved shooting cases, two since the last report one case has been closed on th_ criminal side, and -- >> any questions?

>> i would like to emphasize those 13 open cases did not happen in the last 18 months. many of those trail much further back than that. >>lmñ?ñ kñ?ñcommissioner chin. >> commissioner chan: i want to make sure that we're clear at'ñ?ñ? some point we will be back to get a overview of the ois process, the officer involved shooting process the firearms discharge review process. i think it's good to get a presentation to the commission and the public,]ogát jargon -- >> is that scheduled for the 12th of next month so we're working on that right now. >> commissioner chan: thank4ñ?ñ? you very much. >> yes, ma'am. >>xoñ?ñ with reference to the next meeting do i have a volunteer to attend the next firearms discharge meeting. inspector monroe did ac'-a4 g great job. >> i'll be happy to do that.

>> commissioner kingsley is on for the next one. >> line item 3b. >> occ director's report,y iobñ discussion, review of recent activities, preparation of the monthly comprehensive statistical reports and companion reports;cq6úç periods january 1 october 31, 2012 and januaryhsñ?ñ? 1, 2011 through october 31, 2011. mediation of complaints in october 2012 and adjudication of sustained complaints in octobeü 2012. >> good evening director hicks. >> good evening, president members of the commission,i]mv; and members of the public. first of all, i'd like to introduce the occ's newest investigator if she could please stand up, sarah mondor. we're excited that she is with the occ. sarah has a law degree and is a

member of the california bar. she attended golden gate university and she is a uc-berkeley calñ?ñ? grad go bears. sarah has a variedqlñ?ñ? background in her work experience, including being a producer andgíom music reporter for latin eyes media, and also being a project coordinator and business manager for the energy efficiency funding group. çárqrj also interned for the san francisco city attorney's office and for bay area legal aid.'rúddñ so i would just like to welcome sarah. thank you. you have, in your october comprehensive statistical report. i've orally presented a lot of these statistics to you before so i won't go through them. the only thing that i will talk about is the adjudication of

month of october, and theéí:úm6ñ occ -- chief suhrl>e4 ç occw3 sustained cases during thez® he concurred that theyowo8¢-k were sustainable. one of them was af duty case for failure to collect traffic stop data. the officer received a written reprimand. another was a neglect of duty case for the violation of department general order8 ç 2.01 rule 36, an officer failed to document ending mileage when transporting an in-custody femaleñr passenger. the officer< ñ was admoni another neglect of duty case a violation of department general order 5.04 an officer failed to prepare an incident report documenting the complaint1b0txrw requested the officer arrest a private person. the officer determined there was>$(5m

no probable cause so the officer was obligated to prepare an incident report so indicating. the officer was admonished. in another neglect of duty case this was a violation of department general order; and an officer failed to document in the incident report how the officernb safeguarded or placed in police custodysk9tm.ñ thezl÷l) complainant's key and mishandled the keys by forgetting them in the officer's pants pocket. it was not for a long period of time. the officer had taken the complainant into custody for 5150 for mental health hold and all this took place in the hospital. and the officer did return the keys2zm to the complainant at the hospital. the officer was admonished. and then finally, in the fifth case was for neglect of duty and conduct reflecting discredit and

an officer used profane also failed to issue a certificate of release afteró#÷i6e;% handcuffing and releasing theo)bzol complainant. the officer receivedé+(jrxñ a written reprimand and that concludes my report. >> thank you very much. >> you're welcome. >> did we receive any occ complaints after the world series parade? was there an unusual amount? >> there was not an unusual amount. and i can reportw3 back to you specifically. i was not made aware of any specific cases withy regard to the-@ç(x)0d parade. but i canq report back to you at ourqldpfwn next police commission meeting to let you know. >> thank you. commissioners anything for director hicks? hearing none, please call line item 3(c) commission reports. >> commission reports, discussion commission president's report and commissioner's report. >> thank you. i just want to report with

reference to the world seriesó1urdhf= celebration and the parade we talked about earlier i saw in the paper a photograph of what iqtñ?ñ? see is great restraint. there is one of our officerscnñ?ñ?ñ who had the backs of firefighters who wasljómñ fighting a fire, a woman in his face a bottle in one hand flipping the middle finger and screaming at him. for training purposes it was a photo most people saw it said what an impressive job and thank everybody for training officers to do that. it was very impressive. i want/ %0ép to thank whoever that officer is. he represented usp m$6: well.> w┐ih did. we had 11 laterals graduated and they were assigned to is]u&aíy believe bayview mission. >> those are police officers that came from other agencies. we have a grant. we were able to +ñ hire i think some were from oakland

san josé. >> ñ?ñ? yeah. hercules gave us twoñ rááf which is a bit of an anomaly but they're great officers. >> as wen?p]p/ also move into this meeting we hired 11 laterals but we lost two good officers in the last three%m kevins. we losttc]w÷h person. he gave is heart and soul to protect the officers and the public. he walked a beat on 6th street and working with officers who had matters before this commission and bargaining on their behalf. they